govinfo:USCOURTS-ohsd-3_25-cv-00179-0

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UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION AT DAYTON 
 
TRACY D., 
 
 Plaintiff, 
 
 v. 
 
COMMISSIONER OF THE SOCIAL 
SECURITY ADMINISTRATION, 
 
 Defendant. 
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Judge Thomas M. Rose 
 
Magistrate Judge Karen L. Litkovitz 
 
 
 
______________________________________________________________________________ 
 
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION 
(DOC. NO. 14), AND DISMISSING COMPLAINT (DOC. NO. 5) 
______________________________________________________________________________ 
 
This appeal of Defendant Commissioner’s supplemental security income decision is 
currently before the Court on Magistrate Judge Karen L. Litkovitz’s Report and Recommendation 
(the “Report”) (Doc. No. 14), recommending dismissal of this action. As explained in the Report, 
Plaintiff Tracy D. (“Plaintiff”) applied to the Social Security Administration for Disability 
Insurance Benefits in September of 2022, alleging disability as a result of Bipolar I with psychosis, 
traumatic brain injuries, dizzin ess and vertigo, degenerative disc disease with radiculopathy, 
depression, anxiety, and Post -Traumatic Stress Disorder. ( Id. at PageID 1028.) After Plaintiff’s 
applications were denied initially and upon reconsideration, Administrative Law Judge Gregory 
Kenyon (“ALJ Kenyon”) granted Plaintiff a hearing. ( Id.) Following the hearing, ALJ Kenyon 
issued an order denying Plaintiff’s application on June 26, 2024. ( Id.) Thereafter, the Appeal’s 
Council denied Plaintiff’s petition for review. ( Id. at PageID 1028 –29.) After a review of the 
record, Magistrate Judge Litkovitz opined that ALJ Kenyon’s findings were supported by 
substantial evidence and recommended that Plaintiff’s statement of errors be overruled and that 
Case: 3:25-cv-00179-TMR-KLL Doc #: 15 Filed: 05/05/26 Page: 1 of 2 PAGEID #: <pageID>
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the Commissioner’s non -disability finding be affirmed. ( Id. at PageID 1038.) Magistrate Judge 
Litkovitz issued her Report on April 17, 2026. (See generally id.) 
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court 
has made a de novo review of the record in this case. Noting that no objections to Magistrate Judge 
Litkovitz’s Report have been filed and that the time for filing such objections under Fed. R. Civ. 
P. 72(b) has expired, the Court hereby ADOPTS the Report and Recommendation (Doc. No. 14), 
in full. The instant Complaint (Doc. No. 5) is hereby DISMISSED, and the Clerk is directed to 
TERMINATE this matter on the Court’s docket. 
DONE and ORDERED in Dayton, Ohio, this Tuesday, May 5, 2026. 
s/Thomas M. Rose 
 ________________________________ 
THOMAS M. ROSE 
 UNITED STATES DISTRICT JUDGE 
Case: 3:25-cv-00179-TMR-KLL Doc #: 15 Filed: 05/05/26 Page: 2 of 2 PAGEID #: <pageID>

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